Agenda and minutes

That (1) the minutes of the meeting held on 23 October 2003, having been circulated, be taken as read and subject the following correction be signed as a correct record:

Correction: In the attendance listing, insert the name of Councillor John Branch, which had been inadvertently omitted.

(2)  the minutes of the Special meeting held on 22 January 2004 be deferred until the next Council meeting, when they will have been printed into the Council Minute Volume.

(Notes: (i) The 23 October Council minutes have been circulated previously within Volume 5 of the Cabinet and Council Minutes (2003/04);

(ii) those minutes are also now enclosed with this Summons for ease of reference).

RESOLVED: 

THAT (1) THE MINUTES OF THE MEETING HELD ON 23 OCTOBER 2003, HAVING BEEN CIRCULATED AND SUBJECT TO THE CORRECTION REFERRED TO IN THE SUMMONS AND AN AMENDMENT TO RESOLUTION 127(2) THAT COUNCILLOR JEAN LAMMIMAN HAD PROFFERRED HER APOLOGIES FOR THAT MEETING, THEY NOW BE TAKEN AS READ AND SIGNED AS A CORRECT RECORD;

(2) THE MINUTES OF THE SPECIAL MEETING HELD ON 22 JANUARY 2003 BE DEFERRED UNTIL PRINTED IN THE NEXT COUNCIL MINUTE VOLUME.

The Mayor welcomed the attendance of Councillors Jean Lammiman and Romain at the Council Meeting following their recent absences due to ill health.

To receive declarations of interest (if any) from Members of Council arising from business to be transacted at this meeting.

It was noted that there were no declarations of interests on behalf of Members with regard to the business to be transacted at this Council Meeting.

To receive any announcements from the Mayor.

(Note: Information as to recent Mayoral engagements will be tabled).

Further to the tabled information of the Mayoral engagements the Mayor expressed particular thanks to the Deputy Mayor for the several occasions on which she had stood in for him on engagements during his recent period of illness.

RESOLVED:

THAT THE COUNCIL RECEIVE AND NOTE THE REPORT OF HIS WORSHIP THE MAYOR, AS TABLED, UPON HIS OFFICIAL DUTIES, TOGETHER WITH THOSE OCCASIONS ON WHICH HE WAS REPRESENTED BY THE DEPUTY MAYOR OR A PAST MAYOR, SINCE THE COUNCIL MEETING ON 23 OCTOBER 2003.

The following Harrow residents received awards in the Queen’s New Year’s Honours List:

To receive and consider any procedural motions by Members of the Council, under relevant Council Procedure Rules, in relation to the conduct of the business for this Council Meeting.

(Note: Notice of such procedural motions, received after the issuing of this Summons, will be tabled).

The Leader of the Council, Councillor Foulds moved a procedural motion under the provisions of Council Procedure Rule 26.1 (suspension) to suspend the time limit of 15 minutes under Council Procedure Rule 12.2 in order to enable all the public questions to be put and answered.

RESOLVED:

THAT THE PROCEDURAL MOTION FOR THE TIME ALLOWED FOR PUBLIC QUESTIONS UNDER STANDING ORDER 12.2 TO BE SUSPENDED UNDER COUNCIL PROCEDURE RULE 26.1 (SUSPENSION) BE AGREED.

Councillor Knowles moved and Councillor C. Mote seconded the receipt of an urgent motion under Council Procedure Rule 15.2. (Urgent Motions).

The Mayor advised that it was his ruling as Chairman of the meeting that the terms of the proposed urgent motion did not meet the requirements of urgency and accordingly would not be admitted for consideration at the meeting.

He advised the relevant Members that they were entitled to seek that the subject matter be referred to the next Cabinet or Council meetings.

To receive petitions (if any) submitted in accordance with Council Procedure Rule 11 and presented :-

(i)                 by a representative of the petitioners;

(ii)               by a Councillor, on behalf of petitioners; or

(iii)             by the Borough Solicitor, on behalf of petitioners.

In accordance with Council Procedure Rule 11, the following petitions were presented by Members of Council on behalf of petitioners:

(1)  Councillor Miles submitted a petition containing 627 signatures of local residents who opposed the proposed development of the gardens/backlands in Balmoral Road/Carylon Avenue, South Harrow and any other similar developments within the local area.

[The petition stood referred to the Development Control Committee]

(2)  Councillor C. Mote presented a petition with 250 signatures of local residents strongly objecting to the proposed demolition of two houses at 66?68 Marsh Road, Pinner, for re?development as a block of 15 flats.

[The petition stood referred to the Development Control Committee]

[It was noted that there were no petitions submitted at this meeting by members of the public].

A period of up to 15 minutes is allowed under Council Procedure Rule 12 for members of the public to ask questions of members of the Executive, Portfolio Holders and Chairs of Committees, of which notice has been received no later than 5.00 pm two clear working days prior to the day of this Meeting.

(Note: Confirmation of any such questions will be tabled).

Further to Item 6 on the Summons, the following questions were submitted by members of the public, in accordance with Council Procedure Rule 12.3:

Further to Item 7 on the Council Summons, the Council received Recommendation I of the Cabinet meeting of 16 December 2003 in this matter. 

The Recommendation was adopted as printed.

RESOLVED:

(1)  THAT THE COUNCIL MAINTAIN A MINIMUM LEVEL OF UNALLOCATED GENERAL FUND RESERVE OF £4M AT THE END OF EACH FINANCIAL YEAR;

(2)  THAT THE OPTIMAL LEVEL OF UNALLOCATED GENERAL FUND RESERVES WAS £7M;  AND

(3)  THAT THE COUNCIL AIMS TO ACHIEVE THE OPTIMAL LEVEL OF RESERVES OVER THE MEDIUM TO LONG TERM BY TAKING OPPORTUNITIES TO INCREASE RESERVES IN ITS IN YEAR FINANCIAL MANAGEMENT.

Reason for Recommendation:  To secure prudent discharge of the Council’s financial arrangements.

Further to Item 8 on the Council Summons, the Council received Recommendation III of the Cabinet meeting of 16 December 2003 in this matter. 

The Recommendation was adopted as printed.

RESOLVED:

THAT (1) THE LEVEL OF COUNCIL TAX DISCOUNT IN RESPECT OF SECOND HOMES BE VARIED FROM 50% TO 10%;

(2) THE LEVEL OF COUNCIL TAX DISCOUNT IN RESPECT OF LONG-TERM EMPTY PROPERTIES BE REDUCED FROM 50% TO ZERO.

Reason for Recommendation:  These decisions are required in order to set the Council Taxbase for 2004-2005.  The Taxbase was to be based upon information held at 20 December 2003.

(To follow).

At Item 9 of the Summons the Council received Recommendation I from the Cabinet meeting of 13 January 2004 in this matter.

(i)   Councillor Miss Lyne moved and Councillor Thornton seconded an amendment to paragraph 4 of the Recommendation in the following terms:-

“To delete the words “who pay by direct debit””.

Upon a vote the amendment was not carried.

(ii)   The Recommendation was agreed by the general assent of Council as printed.

RESOLVED:

(1)  THAT BAND D EQUIVALENT NUMBER OF TAXABLE PROPERTIES IS CALCULATED AS SHOWN IN APPENDIX 1 (TO THE CABINET REPORT) IN ACCORDANCE WITH THE GOVERNMENT REGULATIONS;

(2)  THAT THE PROVISION FOR UNCOLLECTABLE AMOUNTS OF COUNCIL TAX FOR 2004?2005 BE AGREED AT 1.5%, PRODUCING AN EXPECTED COLLECTION RATE OF 98.5%;

(3)  THAT SUBJECT TO (1) AND (2) ABOVE, A COUNCIL TAX TAXBASE FOR 2004?2005 AT 83,652 BAND D EQUIVALENT PROPERTIES (BEING 84,926 X 98.5%) BE APPROVED, ALLOWING FOR PAYMENT IN LIEU OF MINISTRY OF DEFENCE PROPERTIES;

(4)  THAT, IN ADDITION TO THE CURRENT STATUTORY 10 INSTALMENT PAYMENT SCHEME, FROM 2004-05 THE COUNCIL OFFER TAXPAYERS WHO PAY BY DIRECT DEBIT THE OPTION OF PAYING BY 12 MONTHLY INSTALMENTS.

Reason for Recommendation:  To fulfil the Council’s statutory obligation to set the Council Tax Base for 2004-2005.  A decision on the number of instalments to be allowed is requested to enable Council Tax billing preparations to commence.  

Further to Item 10 on the Council Summons, the Council received Recommendation II of the Cabinet meeting of 13 January 2004 in this matter. 

The Recommendation was adopted as printed.

RESOLVED:

(1) THE COMMENTS MADE BY THE TENANTS' AND LEASEHOLDERS' CONSULTATIVE FORUM HELD ON 8 JANUARY 2004 BE NOTED;

(2) A RENT INCREASE FOR COUNCIL DWELLINGS OF AN AVERAGE OF 2.7%, CALCULATED IN ACCORDANCE WITH THE GOVERNMENT’S RENT RESTRUCTURING GUIDANCE, TO TAKE EFFECT FROM 5 APRIL 2004 BE AGREED;

(3) THAT A REVISED CHARGE FOR GARAGES, CARPORTS AND CAR SPACES TO TAKE EFFECT FROM 5 APRIL 2004, IN LINE WITH (2) ABOVE, AND AS SET OUT IN APPENDIX D TO THE ADDENDUM REPORT (TO THE CABINET MEETING) OF THE EXECUTIVE DIRECTOR (URBAN LIVING) BE AGREED ;

(4) THAT REVISED CHARGES FOR COMMUNITY HALLS/ROOM LETTINGS AND THE NIGHTLY CHARGE FOR GUEST ROOMS TO TAKE EFFECT FROM 5 APRIL 2004, IN LINE WITH (2) ABOVE, AND AS SET OUT IN APPENDIX C TO THE ADDENDUM REPORT (TO THE CABINET MEETING) OF THE EXECUTIVE DIRECTOR (URBAN LIVING) BE AGREED;

(5) THAT THE FACILITIES CHARGES AS SET OUT IN APPENDIX E TO THE ADDENDUM REPORT (TO THE CABINET MEETING) OF THE EXECUTIVE DIRECTOR (URBAN LIVING) TO TAKE EFFECT FROM 5 APRIL 2004, BE AGREED;

(6) THAT THE PROPOSED RENTS FOR SHORT-LIFE PROPERTIES MANAGED BY HOUSING ASSOCIATIONS IN LINE WITH (2) ABOVE AS SET OUT IN APPENDIX B TO THE ADDENDUM REPORT (TO THE CABINET MEETING) OF THE EXECUTIVE DIRECTOR (URBAN LIVING) BE AGREED.

Reason for Decision:  To enable the Council to recover an appropriate level of income from rents and associated charges during 2004/05.

RECOMMENDATION III:      CABINET  (13 January 2004).

(To follow).

Further to Item 11 on the Council Summons, the Council received Recommendation III of the Cabinet meeting of the 13 January 2004 in this matter.  The Leader of the Council deferred to the Education and Lifelong Learning Portfolio Holder, Councillor Stephenson, who formally moved Recommendation III. 

Following a short debate the Recommendation was adopted as printed.

RESOLVED:

THAT THE EARLY YEARS DEVELOPMENT AND CHILDCARE STRATEGY 2004-2006 BE APPROVED.

[NOTE:  THE LIFELONG LEARNING SCRUTINY SUB COMMITTEE AT ITS MEETING ON 20 JANUARY 2004 CONSIDERED THE EARLY YEARS DEVELOPMENT AND CHILDCARE STRATEGY 2004 - 2006 AND RECOMMENDATION 1 TO COUNCIL ARISING FROM THAT MEETING, WAS RECEIVED AND NOTED IN CONJUNCTION WITH THE CABINET RECOMMENDATION III.]

Reason for decision:  To comply with Harrow’s statutory duty in accordance with Part V Section 118-123 of the School Standards and Framework Act 1998 as amended by Part 9 Section 149-150 of the Education Act 2002.

In accordance with the Overview and Scrutiny Procedure Rules set out in Part 4 of the Constitution, the Borough Solicitor is required to report to the Council any decisions taken as a matter of urgency on behalf of the Executive (that is, as individually authorised by the Portfolio Holders).

These requirements are met in the attached paper from the Borough Solicitor.

FOR CONSIDERATION

In accordance with the Council’s Overview and Scrutiny Procedure Rules and Access to Information Rules set out in Part 4 of the Constitution, the Borough Solicitor presented a report at item 12 of the Summons regarding decisions taken as a matter of urgency on behalf of the Executive (that is, as individually authorised by the Portfolio Holders).

RESOLVED:

THAT THE DECISIONS TAKEN UNDER THE SPECIAL URGENCY PROCEDURE ON BEHALF OF THE EXECUTIVE AS NOW REPORTED BE NOTED.

Under the requirements of the Constitution (Overview and Scrutiny Rules – Rule 4.3) the Chair of the Overview and Scrutiny Committee, Councillor Jean Lammiman,  advises Council that an additional Sub committee, the “Accounts Approval Sub Committee” has been established for the purpose of considering and dealing with the External Auditor’s Report on the Statement of the Council’s Accounts and in order to meet statutory requirements.

The establishment of the Sub Committee is as set out in Minute 117 of the Overview and Scrutiny Committee meeting, 25 November 2003.

FOR CONFIRMATION

Further to Item 13 on the Council Summons and a report on behalf of the Chair of the Overview and Scrutiny Committee,

RESOLVED:

IN ACCORDANCE WITH OVERVIEW AND SCRUTINY RULE 4.3, THE ESTABLISHMENT OF AN ACCOUNTS APPROVAL SUB COMMITTEE, TO CONSIDER AND DEAL WITH THE EXTERNAL AUDITORS REPORT ON THE STATEMENT OF THE COUNCIL’S ACCOUNTS AND IN ORDER TO MEET STATUTORY REQUIREMENTS, BE CONFIRMED.

A period of up to 15 minutes is allowed (Council Procedure Rule 13.2) for the asking of written questions by Members of Council of a member of the Executive or the Chair of any Committee:-

(i)                 of which notice has been received at least two clear working days prior to the day of this Meeting;

(ii)               or which relate to urgent matters, the consent of the Executive member or Committee Chair to whom the question is to be put has been obtained and the content has been advised to the Borough Solicitor by 12.00 noon on the day of the Council Meeting.

(Confirmation of any such questions will be tabled).

Further to Item 14 on the Summons, the following Questions had been submitted by Members of the Council, notice of which had been duly given under the provisions of Council Procedure Rule 13.2.

[Notes: (1) Oral answers were provided to the questions and, under the provisions of Council Procedure Rule 12.4, some supplementary questions were asked, in relation to most of the issues, which were additionally answered;

(2)  A notified Question in the name of Councillor Seymour was withdrawn at the request of the Member and with the assent of the Council;

(3)  The  ...  view the full minutes text for item 166.

Report of the Borough Solicitor.  

Further to the report of the Borough Solicitor in this matter at Item 15 of the Council Summons;

RESOLVED:

THAT THE FOLLOWING REPRESENTATIVES, CURRENTLY APPOINTED TO THE LONDON (NORTH WEST) VALUATION TRIBUNAL WITH A TERM OF OFFICE EXPIRING ON 31 MARCH 2004, NOW BE APPOINTED TO A TERM OF OFFICE EXPIRING ON 31 DECEMBER 2009:-

MR M A CARMODY

MR R CONWAY

MR S GILES-MEDHURST

COUNCILLOR MISS P LYNE

MR A MEDIRATTA